High Court of Judicature at Allahabad
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Ramakant & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 4825 of 2006  RD-AH 8233 (24 April 2006)
Hon'ble Imtiyaz Murtaza, J.
Hon. (Mrs.) M. Chaudhary, J.
We have heard learned counsel for the petitioners and the learned A.G.A for the State.
We have gone through the F.I.R. of case crime no 160/06 which prima facie discloses the commission of an offence inter alia under Sections 498-A, 506, 323 I.P.C. and ¾ D.P.Act., P.S. Kotwali District Etawah.
Having regard to the facts and circumstances of the case, we finally dispose of the writ petition with the direction that the petitioners shall not be arrested in the above case during investigation provided they pay interim compensation to the victim Smt. Rama Devi @ Rs. 1500/- per month from today. Such interim compensation from today upto 31.4.2006 shall be deposited in the court of C.J.M. District Etawah by 7th May, 2006 and for all subsequent months by 7th of the following month. The victim Smt. Rama Devi shall be entitled to withdraw the same.
This order for payment of interim compensation is based on the analogy of the decision of Hon'ble Supreme Court in the case of Bodhisattwa Gautam V. Subhra Chakraborty (AIR 1996 SC 922)
In case of failure in payment of interim compensation, the order staying the arrest of the petitioners shall stand vacated automatically.
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